Day: 14 November 2018

EVENT: Discrimination Law Association – DLA Conference “Challenging Everyday Racism – Legal and Policy Initiatives”

Posted November 14th, 2018 in Forthcoming events by sally

‘The DLA Conference 2018: “Challenging Everyday Racism – Legal and Policy Initiatives” will explore current equality and discrimination issues through the lens of race. Our speakers will interrogate the strategic litigation and policy tools to challenge racism and the hostile environment for immigrants. Jacqueline McKenzie (solicitor at McKenzie, Beute and Pope), one of our keynote speakers will discuss the lessons learned from representing those affected by the hostile environment and Windrush Scandal. Elizabeth Prochaska’s (Legal Director of Equality and Human Rights Commission) keynote will focus on the ECHR enforcement, including a new inquiry on racist harassment. Ijeoma Omambala (Old Square Chambers) will deliver our regular Legal Update.’

Date: 27th November 2018, 9.30am-5.00pm

Location: Allen & Overy, Bishops Square, London E1 6AD

Charge: See website for details

More information can be found here.

SRA urged to tackle mental health problems with ‘fitness to practise’ regime – Legal Futures

Posted November 14th, 2018 in disciplinary procedures, mental health, news, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) needs to activate a dormant power that allows it to introduce ‘fitness to practise’ rules, in the wake of yesterday’s ruling about the role of mental health in solicitors’ misconduct, regulatory experts have argued.’

Full Story

Legal Futures, 14th November 2018

Source: www.legalfutures.co.uk

Landmark jail sentence for man who stole client data for CMCs – Legal Futures

Posted November 14th, 2018 in claims management, computer crime, data protection, news, sentencing by sally

‘A man who passed on thousands of an accident repair company’s customer records to claims management companies has been jailed in a landmark prosecution.’

Full Story

Legal Futures, 13th November 2018

Source: www.legalfutures.co.uk

QOCS judgment muddies the waters on costs-shifting – Law Society’s Gazette

Posted November 14th, 2018 in civil procedure rules, costs, damages, news by sally

‘A defendant who had initiated a counterclaim – and tried to receive the subsequent costs benefits of being a claimant – has lost his argument in the county court.’

Full Story

Law Society's Gazette, 12th November 2018

Source: www.lawgazette.co.uk

High Court agrees to hear challenge over voting device for blind people – Local Government Lawyer

Posted November 14th, 2018 in disability discrimination, disabled persons, elections, news by sally

‘The High Court has granted permission for a legal challenge brought by Rachael Andrews, who is blind, over the Government’s choice of device to enable blind people to vote without assistance.’

Full Story

Local Government Lawyer, 14th November 2018

Source: www.localgovernmentlawyer.co.uk

Mental health problems “do not justify” solicitors’ dishonesty – Legal Futures

Posted November 14th, 2018 in disciplinary procedures, mental health, news, solicitors by sally

‘Pressure of work or extreme working conditions “cannot either alone or in conjunction with stress or depression” justify not striking off dishonest solicitors, the High Court has ruled.’

Full Story

Legal Futures, 13th November 2018

Source: www.legalfutures.co.uk

Rape victims’ mobile phones will not be seized ‘as a matter of course’, new director of public prosecutions says – The Independent

Posted November 14th, 2018 in evidence, news, prosecutions, rape, search & seizure, victims by sally

‘Rape victims’ mobile phones will not be seized “as a matter of course” in criminal investigations, the new head of the Crown Prosecution Service (CPS) has said.’

Full Story

The Independent, 13th November 2018

Source: www.independent.co.uk

The return of Crown preference – OUT-LAW.com

Posted November 14th, 2018 in budgets, insolvency, news, taxation by sally

‘A Budget measure concerning tax and insolvency effectively puts the UK’s tax authority back among preferential creditors in an insolvency. Is this a failure to learn from history?’

Full Story

OUT-LAW.com, 13th November 2018

Source: www.out-law.com

Baby death review into scandal-hit NHS trust widens to 215 cases – Daily Telegraph

Posted November 14th, 2018 in birth, children, hospitals, news, standards by sally

‘A scandal-hit NHS trust where dozens of deaths are being investigated in order to protect mothers and babies has seen the number of cases of alleged poor care more than double to 215.’

Full Story

Daily Telegraph, 14th November 2018

Source: www.telegraph.co.uk

Ministers unveil ‘housing court’ proposals to speed up disputes between landlords and tenants – The Independent

Posted November 14th, 2018 in consultations, courts, housing, landlord & tenant, news by sally

‘Ministers have unveiled plans for a specialist “housing court” to speed up the settlement of property disputes between landlords and tenants.’

Full Story

The Independent, 14th November 2018

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 14th, 2018 in legislation by tracey

The Rail Passengers’ Rights and Obligations (Amendment) (EU Exit) Regulations 2018

The Geo-Blocking (Enforcement) Regulations 2018

The Armed Forces (Terms of Service) (Amendments Relating to Flexible Working) Regulations 2018

Source: www.legislation.gov.uk

Court of Appeal hearing in London Stadium row to be livestreamed – Local Government Lawyer

Posted November 14th, 2018 in appeals, media, news, pilot schemes, reporting restrictions, sport by sally

‘A dispute about seating in the former London 2012 Olympic Stadium will be the first Court of Appeal hearing to be live-streamed in full.’

Full Story

Local Government Lawyer, 14th November 2018

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted November 14th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

St George’s, University of London v Rafique-Aldawery, R (On the Application Of) [2018] EWCA Civ 2520 (13 November 2018)

Safeer & Ors, R (On the Application Of) v Secretary of State for the Home Department [2018] EWCA Civ 2518 (13 November 2018)

Merricks v Mastercard Incorporated & Ors [2018] EWCA Civ 2527 (13 November 2018)

High Court (Administrative Court)

Solicitors Regulation Authority v James [2018] EWHC 3058 (Admin) (13 November 2018)

High Court (Chancery Division)

Wellington Properties Ltd v Second Duke of Westminster, Trustees of the Will of & Anor [2018] EWHC 3048 (Ch) (13 November 2018)

Gilani v Saddiq & Ors [2018] EWHC 3084 (Ch) (13 November 2018)

Addlesee & Ors v Dentons Europe LLP [2018] EWHC 3010 (Ch) (13 November 2018)

Leon v Her Majesty’s Attorney General [2018] EWHC 3026 (Ch) (12 November 2018)

Red Bull GmbH v Big Horn UK Ltd & Ors [2018] EWHC 2794 (Ch) (12 November 2018)

Ramsgate Town Council v Thanet District Council [2018] EWHC 3042 (Ch) (09 November 2018)

High Court (Commercial Court)

JSC VTB Bank v Skurikhin & Ors [2018] EWHC 3072 (Comm) (13 November 2018)

Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd [2018] EWHC 2977 (Comm) (09 November 2018)

Gruber & Ors v AIG Management France, SA & Ors [2018] EWHC 3077 (Comm) (09 November 2018)

High Court (Family Division)

LM v KD [2018] EWHC 3057 (Fam) (12 November 2018)

High Court (Queen’s Bench Division)

Jain v Manchester University NHS Foundation Trust [2018] EWHC 3016 (QB) (13 November 2018)

Busby v Berkshire Bed Company Litd [2018] EWHC 2976 (QB) (09 November 2018)

Source: www.bailii.org

Carl Sargeant’s widow wins high court bid to challenge inquiry into his sacking – The Guardian

Posted November 14th, 2018 in dismissal, harassment, inquiries, judicial review, ministers' powers and duties, news, suicide, Wales by sally

‘The widow of a former Welsh government minister, who was found dead while he was facing sexual misconduct allegations, has won a high court bid to challenge the legality of an inquiry into his sacking.’

Full Story

The Guardian, 13th November 2018

Source: www.theguardian.com

The challenges facing England’s new prosecution chief – BBC News

Posted November 14th, 2018 in budgets, Crown Prosecution Service, disclosure, evidence, news, prosecutions by sally

‘Max Hill QC takes up his role as head of the Crown Prosecution Service (CPS), the chief agency for conducting criminal prosecutions in England and Wales, at a hugely challenging time.’

Full Story

BBC News, 13th November 2018

Source: www.bbc.co.uk

Court cannot order costs on account after part 36 acceptance – Litigation Futures

Posted November 14th, 2018 in civil procedure rules, costs, news, part 36 offers by sally

‘The courts have no power to order the payment of costs on account after a part 36 offer is accepted, the High Court has ruled.’

Full Story

Litigation Futures, 14th November 2018

Source: www.litigationfutures.com

Rogue bailiffs face crackdown as MP urges government to act – The Guardian

Posted November 14th, 2018 in bailiffs, debts, disabled persons, identification, news by sally

‘The government has pledged to crack down on rogue bailiffs after an MP raised the case of a disabled constituent who thought she was being burgled when debt collectors burst into her home without showing ID and took cash from her purse.’

Full Story

The Guardian, 13th November 2018

Source: www.theguardian.com